Couple Separates

[potty64]

Very close relative has left her partner and has temporarily moved in with me & my husband while assuming ex partner will buy her out or sell the mobile home they shared. He's decided not to do either with the hope of her moving back but there is no chance. Both their names are on the title deeds. Will she have to take him to court?

[EDDIE51]

Are they married or in a civil partnership or just living together?

[potty64]

Been living together for 17 years but not married.

[EDDIE51]

No 'rights' then unless they can come to a joint agreement then she will have to sue him for her share. Will people ever learn that 'living together' has no legal standing in the UK there is no such thing as a 'common law partner' such people have no more 'rights' than two flatmates who bought a house/home together.

[ummmm]

She's not asking about 'common law' rights. She's asking can her relative force a sale...

[potty64]

Looks like then that she will have to sue him. I wonder what her chances are.

[EDDIE51]

ummmm , yes that is why she can only sue him for the cash, if they were in a civil partnership or married she could have forced the sale without having to sue.

[potty64]

Exscuse my ignorance but what is a civil partnership then?

[ummmm]

Between a same sex couple.

[potty64]

Thank you Ummmm. I hope she has success. Many thx for the info. I'm off to bed now! Goodnight!

[EDDIE51]

Ummmm any couple can have a civil partnership ( what used to be called a registry office wedding) it just means a wedding that was not in a religious service of any sort.

[woofgang]

EDDIE from this it looks like its still called a registry office wedding and civil partnerships are still for same gender couples.
https://www.gov.uk/marriages-civil-partnerships/weddings-and-civil-partnership-ceremonies

[EDDIE51]

Ok, I stand corrected all this fuss about 'Gay marriage' has confused me.

[themas]

They own the property jointly so she may have to apply to Court for an order for sale. Whether the Court will grant it depends on the judge's assessment of the evidence & circumstances. If she simply sues him for her share she may get a judgement in her favour but be unable to get the money out of him unless he either sells the property or has other funds to pay it.

She really needs some legal advice before starting any Court claim.

She also needs to try to determine what % of the equity she is claiming. If the property is owned as tenants in common this will be specified on the title document, but if it is owned as joint tenants the starting point is normally a 50:50 split. However this can be varied by taking account of the amount each party has contributed to the cost.

[Hopkirk]

If it were me I would be going to the Citizens Advice Bureau for guidance.

[WORLD-OF-ACCESS]

Hi you said Mobile Home ? What do you mean ? If you mean what I call a Static Caravan and its it on a site beware the sites tie you up with fees and commissions when you try and sell so its likely they will come out with nothing so my advice is try and come to a deal that doesn't involve selling it as these sites are a fraud in my opinion.